(A) General rule. Except as otherwise provided in this code, all permits granted by the city shall be governed by the provisions of this chapter.
(B) Acts prohibited. No person shall conduct any activity or use any property for which a permit is required by law or this code without a currently valid permit for the activity or use.
(C) Application. Every application for a permit shall be made to the City Clerk on a form provided by him or her. It shall be accompanied by payment to the Clerk of the prescribed fee. If, after investigation, the City Clerk is satisfied that all requirements of law and this code have been met, he or she shall present the application to the Council for action or, if the permit does not require Council approval, he or she shall issue the permit. All permits required under this chapter must be submitted no less than 14 days prior to the event. Failure to submit a permit application within this timeframe shall result in a double fee. If the event involves more than 1 location, a separate application will be required for each location.
(D) Bond. Where a bond is required for any permit, the bond shall be a corporate surety bond executed on a form approved by the city and shall be filed with the Clerk before the permit is issued. Except where otherwise provided, a bond shall be conditioned that the permittee shall comply with the applicable ordinance and laws pertaining to the permitted activity and that the permittee will indemnify the city and save it harmless from all loss or damage by reason of inadequate work performed by him or her or by reason of accident caused by the negligence of the permittee, his or her agents or employees.
(E) Insurance. Applicant shall provide the city with a certificate from an insurer evidencing liability insurance coverage prior to applicant's use of city property as part of the application process. The certificate shall also provide that the insurer shall give the city reasonable advance notice of insurer's intent to cancel the insurance coverage provided.
(1) Commercial or organizational applicants shall procure and maintain at all times during its use of city facilities property, liability insurance coverage in the amount of $300,000 and shall name the City of Park Rapids as an additional insured thereunder. A certificate of liability insurance shall be required for all organizations and contractors involved in the public event.
(2) Applicants for personal/private use, such as a wedding or family reunion, shall provide a certificate of insurance from the applicant's homeowner's policy. The policy should include host liquor liability coverage. The requirement for naming the city as an additional insured shall be waived for these personal uses.
(F) Permit required. A permit is required to reserve public property/facilities to conduct any public or private activities on/in public property/facilities that meet any of the following criteria:
(1) An event involving more than 100 individuals;
(2) To conduct a parade on city streets;
(3) To circulate, distribute, display or post any leaflets, handbills, notices, pamphlets, books, placards, circulars, documents or papers/writing containing commercial advertising matter of any kind in any indoor facility, event center, city administration building, public parks or streets, or other special facility within the city;
(4) Conduct any exhibit, music or dramatic performance, craft fair, circus, concert, play, sales event, commercial sporting event, radio or television broadcast (other than a news transmission);
(5) Exhibit or display any motion picture, television program, light, laser light or fireworks display, or similar event;
(6) Use of any electrical or electronic devise or equipment requiring outdoor auxiliary power or the creation or emission of any amplified sound for the purpose of a street dance or public gathering;
(7) Station or erect any building, tent, canopy, stand, bandstand, stage, tower, scaffold, sound stage, platform, rostrum or other structure; and
(8) Exhibit on public property any tame, non-domestic supervised and controlled or restrained animal for limited non-commercial or promotional purposes.
(G) Permit limitations. No activity involving more than 500 individuals shall be held within 2,500 feet or within 2 hours of any other activity involving more than 500 individuals.
(H) Security deposit.
(1) For any activity described in this chapter, no application for permit shall be granted unless the applicant has paid, within the time prescribed by the City Clerk, the security deposit in an amount in accordance with the schedule of fees set by the City Council and found in Chapter 36 of the City Code.
(2) The amount of the security deposit will include, but is not limited to the following:
(a) The estimated cost of policing; and
(b) The estimated costs of cleaning up and restoring the area upon the conclusion of the use or activity.
(3) The security deposit shall be deposited by the City Clerk.
(4) Promptly after the conclusion of a permitted activity, the city shall inspect the premises and equipment used by the permittee.
(a) If it is determined that there has been no damage to the city property or equipment, beyond reasonable wear and tear, the security deposit shall be refunded, minus city incurred costs for policing or cleaning up the area, within 30 days of the conclusion of the permitted event.
(b) If it is determined by the inspection, that the permitted event proximately caused damage to city property in excess of normal wear and tear and which requires repairs in excess of routine maintenance or determined that fines shall be assessed against the permittee pursuant to this chapter, § 96.005 (D), the city shall retain the security deposit or any portion thereof, necessary to pay for the cost of repair or any fines assessed against the permittee. The City Clerk or his or her designee shall give written notice of the assessment of damages or fines and retention of the security deposit to the permittee by personal delivery or by deposit in the United States mail, with proper postage prepaid to the name and address set forth in the application for permit. Any assessment of damages or fines in excess of the security deposit shall be paid to the city within 10 days after notice of the assessment of damages or fine is sent. Retention of all or a portion of a security deposit above any actual city costs shall be subject to the appeal procedures contained in § 96.005. An assessment of damages or fines in excess of the security deposit shall be subject to the appeal procedures contained in § 96.005.
(Prior Code, § 47-1)